A division bench of the Apex Court held as follows,
From Paras 10 and 11,
10. The learned senior counsel appearing for the appellant herein would submit that a scanning of the judgment of the trial Court would reveal that the Court had appropriately appreciated the evidence on record and convicted accused Nos.1 and 2 upon satisfying itself that the ingredients to attract the offence punishable under Section 494 I.P.C., have been made out by the appellant. Furthermore, it is submitted that a bare perusal of the impugned judgment would reveal that the High Court had rightly considered the contentions of the appellant herein against the reversal of their conviction by the First Appellate Court that it was founded on surmises and conjectures. We are of the considered view that no more narrative on the correctness of the reversal of the judgment of the First Appellate Court by the High Court under the impugned judgment is required as the indisputable and undisputed position is that its reversal was accepted by accused Nos.1 and 2 and they had undergone the sentence imposed by the High Court consequent to the reversal of the First Appellate Court’s judgment. We may note here that the learned senior counsel for the appellant would submit that the appellant had not accepted any compensation and in the same breath, would further submit that the appellant did not want any such compensation.
11. In the aforesaid circumstances, the sole question surviving for consideration is whether the High Court was right in not restoring the sentence imposed for the conviction under Section 494 I.P.C., by the trial Court when it accepted the contentions of the appellant and reversed the acquittal of accused Nos.1 and 2 and restored the conviction entered on them by the trial Court. In other words, the question is whether the High Court had shown undeserving leniency and sympathy to accused Nos.1 and 2 even after finding that they have committed the serious offence of bigamy punishable under Section 494 I.P.C., and whether they were let off with a flea-bite sentence and whether an enhancement of sentence is invited?
From Paras 14 and 15,
14. A reading of Sections 494 and 495 I.P.C., would reveal that the legislature viewed the offence of bigamy as a serious offence. Though no minimum sentence is prescribed under Section 494 I.P.C., the maximum sentence of imprisonment prescribed thereunder for a conviction thereunder is seven years of imprisonment of either description. It is also to be noted that the said offence is compoundable only by the husband or wife of the person so marrying with the permission of the Court. The same offence under Section 494 I.P.C., with concealment of former marriage from person with whom subsequent marriage is contracted would visit the offender with imprisonment of either description for a term which may extend to ten years and with fine. This offence, which is an aggravated form of bigamy, is non-compoundable. The decision in Gopal Lal’s case (supra), and the prescription of maximum corporeal sentence imposable under Sections 494 and 495 I.P.C.,would undoubtedly suggest that the offence under Section 494 I.P.C., has to be treated as a serious offence.
15. When once it is found that an offence under Section494 I.P.C., is a serious offence, the circumstances obtaining in this case would constrain us to hold that the imposition of ‘imprisonment till the rising of the court’ is not a proper sentence falling in tune with the rule of proportionality in providing punishment as mentioned hereinbefore.
From Para 20, (Alteration of the imprisonment and fine)
20. Certain circumstances revealed from the evidence on record cannot go unnoticed while deciding the question of proper sentence. Earlier, the appellant herein filed HMOP 515/2012 before the Family Court, Coimbatore, seeking divorce. In the judgment of the trial Court, taking note of the evidence adduced, it was noted that the first accused had filed a petition seeking interim maintenance in the above HMOP and based on a petition in that regard the Court had ordered the appellant to pay Rs. 5,000/- per month to the first accused and she had received the maintenance till 13.07.2017. The evidence would further show that a child was born to the first and second accused in their wedlock in November, 2017. The evidence on record would reveal that on 22.01.2019, the first accused herself filed HMOP No.84 of 2019 seeking dissolution of her marriage with the appellant. In such circumstances, it is evident that the first accused married the second accused while the marriage between the appellant and the first accused was subsisting and not only that, during its subsistence, she had also begotten a child through the second accused. Taking into account all the circumstances, it can be said that undeserving leniency was shown in the case on hand. But then, taking into account the fact that the child born to the first and second accused was aged less than two years when the trial Court passed the sentence and that no minimum term of imprisonment is prescribed for the conviction under Section 494 I.P.C., and that the maximum sentence imposable for conviction thereunder is seven years, we are of the considered view that the trial Court had virtually struck a balance in fixing the term of one year as the corporeal sentence. But then, taking note of the fact that the said child is now aged only about six years and the sentence for the conviction under Section 494 I.P.C., can be of both descriptions. We think it appropriate to use our judicial discretion to modify the sentence imposed under the impugned judgment. Accordingly, we modify the term of the sentence awarded to accused Nos.1 and 2 for the conviction under Section 494 I.P.C., to six months each, making the nature of the sentence as simple imprisonment for the said period. We further modify the fine imposed by reducing the same from Rs. 20,000/- each to Rs. 2,000/- each, as originally awarded by the trial Court. Needless to say, that the default sentence therefor, awarded by the trial Court i.e., to undergo simple imprisonment for three months is also restored. If in terms of the impugned judgment, accused Nos.1 and 2 had already deposited Rs. 20,000/-, after making deduction in terms of the sentence of fine mentioned hereinbefore, the balance amount shall be refunded to them in accordance with the law. In the said circumstances, accused Nos.1 and 2 shall surrender before the trial Court so as to serve out the unserved period of sentence imposed on them by this judgment. Taking note of the fact that the child of accused Nos.1 and 2 is now aged only about 6 years, we further order that firstly the second accused shall surrender before the trial Court, within a period of 3 weeks from today to serve out the rest of the sentence. Upon his release from the jail, on suffering the sentence, the first accused shall surrender before the Court to serve her remaining period of sentence and such surrender shall be made by the first accused within a period of 2 weeks from the release of the second accused from the jail. This arrangement shall not be treated as a precedent as it was ordered in these special circumstances. In case the accused Nos.1 and 2 do not surrender in terms of this judgment on their own, the trial Court shall resort to appropriate steps in accordance with law to place them in custody and make them suffer the sentence as mentioned hereinbefore. The appeals are allowed as above.
Other Sources:
https://www.livelaw.in/supreme-court/punishment-must-be-in-proportion-to-gravity-of-offence-supreme-court-enhances-sentence-bigamous-marriage-263490
https://www.legiteye.com/supreme-court-modifies-sentence-in-bigamy-case-orders-staggered-jail-terms-for-couple-justices-ct-ravikumar-sanjay-kumar-15-07-2024/
https://www.latestlaws.com/latest-caselaw/2024/july/2024-latest-caselaw-433-sc/
https://www.casemine.com/judgement/in/6696638231ed747732bfccdc
https://citecase.in/baba-natarajan-prasad-vs-m-revathi-2024-insc-523-s-494-ipc-bigamy-sentencing/
https://www.advocatekhoj.com/library/judgments/announcement.php?WID=17724
https://x.com/SCJudgments/status/1813118439701057835
https://lawyerenews.com/supreme-court-enhances-sentence-in-bigamy-case/
https://www.freelaw.in/legalnews/Punishment-of-imprisonment-till-the-rising-of-the-court-is-a-flea-bite-sentence-for-those-convicted-for-an-offence-of-bigamy-Supreme-Court-
https://www.the-laws.com/encyclopedia/browse/case?caseId=004202345000&title=baba-natarajan-prasad-vs-m-revathi
https://www.verdictum.in/court-updates/supreme-court/baba-natarajan-prasad-v-m-revathi-2024-insc-523-bigamy-494-ipc-serious-offence-1544100
The decision of the District Court is here.
Index of Bigamy Judgments is here.
